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STATE v. DAVIS

No. S-08-135.

757 N.W.2d 367 (2008)

276 Neb. 755

STATE of Nebraska, Appellee, v. Michael P. DAVIS, Appellant.

Supreme Court of Nebraska.

November 21, 2008.

Attorney(s) appearing for the Case

Matthew R. Kahler, of Finley Law Offices, P.C., L.L.O., for appellant.

Jon Bruning, Attorney General, and George R. Love, Columbus, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

I. SUMMARY

In the evening hours of December 4, 1993, Michael P. Davis killed Michael Campbell with a .22-caliber revolver. Campbell was 16 years old and had never met Davis. Campbell had been arguing with a casual acquaintance of Davis when Davis fired a shot at Campbell and missed; then, after Campbell had turned away from Davis, Davis walked up to Campbell, placed the gun against the back of his head, and fired, killing him.

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